Video that captured the fatal shooting inside a Shawnee gun store last year was played publicly for the first time Monday as one of the men charged in the case sought to show he acted in self-defense.
The hearing in Johnson County District Court is scheduled to continue on Tuesday.
Jon Bieker died in an exchange of gunfire during a January 2015 attempted robbery at She’s A Pistol, the shop he co-owned with his wife, Becky Bieker.
De’Anthony Wiley, one of the four men charged with first-degree murder in Bieker’s death, is claiming that at the time Bieker was fatally shot, Wiley was acting in self-defense because he was wounded and had tried to surrender.
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Co-defendant Nicquan Midgyett, who also was wounded, is joining Wiley’s motion seeking immunity from prosecution for murder.
Johnson County prosecutors argue that the men cannot claim self-defense because they instigated the confrontation inside the gun store when they barged in and pointed guns at Becky Bieker.
Self-defense under Kansas law can’t be used because they were “attempting to commit, committing or escaping from the commission of a forcible felony,” prosecutors argued.
Shawnee Police Detective John Stirling described how the video played in court Monday was stitched together from still images taken by the store’s security cameras.
It showed how Wiley first entered the store and spoke with Becky Bieker, who showed him a handgun he had asked about.
Three others then entered the store together. Wiley and one of those men pulled out handguns and pointed them at Becky Bieker. A third man jumped up on the counter.
Stirling said that Jon Bieker, who was in a back office, had monitors on his desk and would have been able to see what was going on.
Stirling said that he believed that based on what Bieker saw happening with two men pointing guns at his wife, he was justified in using force to protect her.
Jon Bieker can be seen on the video emerging from the back room with a gun in his hand. At that point, Becky Bieker is seen falling to the floor after the man on the counter punched her in the face, breaking her nose and knocking her unconscious.
There is no audio on the video, but Jon Bieker can be seen advancing toward the front of the store with the gun in his hand extended as if he is firing shots.
Three of the men, including one who was crawling after he was shot, leave the store.
The fourth man, Wiley, is shown down on the floor behind a merchandise display rack. Jon Bieker is seen approaching Wiley. Bieker then backs up a few steps and circles around a counter to approach Wiley from a different angle.
At that point, Stirling testified that Bieker appeared to be attempting to clear a jam from his weapon. As Bieker reaches the end of the counter, he is seen falling to the ground next to where Wiley was on the floor.
At that point, Becky Bieker can be seen regaining consciousness.
In her testimony Monday, she said that when she came to, she saw Wiley reaching toward a gun on the ground. Becky Bieker testified that she told him to stop or she would shoot him.
When he continued reaching, Becky Bieker said she fired at him.
She is seen on the video picking up a phone to call 911 as she keeps her gun pointed in the direction of where the men were down.
At the end of the video, she is seen running to her husband and kneeling next to him. Jon Bieker died from a shot to his chest that tore through his aorta and lodged in his spine, according to testimony Monday.
She said that when Wiley kept moving, she struck him on the head but wasn’t sure whether she was still holding her gun when she hit him.
Her gun and the guns used by her husband and allegedly by Wiley were all empty when police arrived.
Besides Wiley and Midgyett, both 21, the other men charged in Johnson County District Court with murder in the case are Hakeem Malik, 20, and Londro Patterson, also 21.
Malik was the only one of the four not wounded. The three wounded men were all struck in the back, according to testimony.
They are all being held in the Johnson County Detention Center, and trial dates have not been set.